USCIS received almost 233,000 H-1B petitions during the H-1B FY 2016 cap filing period, which began on April 1, 2015. This number includes petitions filed for the advanced degree exemption. On April 13, 2015, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption.

Question: Do we know how many H-1B petitions were filed under the statutory cap of 65,000 visas (Bachelors quota) and how many were filed under the advanced degree exemption (Masters quota)?

Answer: Today’s notice does not specify how many petitions were filed under the Bachelors quota and how many were filed under the Masters quota. We will come to know the same in a week’s time.

 

Question: When do we get the receipt notices?

Answer: Though USCIS concluded the lottery today, April 13, 2015, it will take about a month’s time for all the receipt notices to be issued.

 

Question: Does that mean that premium processing starts from today?

Answer: No. As indicated by USCIS, premium processing for H-1B cap cases will begin no later than May 11, 2015.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

 

Date & Time: April 14th 2015 at 3:30 PM (Central time)

Conference dial-in number: (760) 569-7676

Participant access code: 977835

 

Moderators:

Sudhakar Pennam, President ITServer Alliance & Satish Mandava, President IntelliSoft Technologies, Inc

 

Speakers:

Rebecca Chen, Partner & Attorney at Law, Reddy & Neumann, P.C.

Sophia Asare, Attorney at Law, Reddy & Neumann, P.C.

 

On April 9, 2015, the Administrative Appeals Office (AAO) issued definitive guidance on whether a move in work locations constitutes a “material change in the terms and conditions of employment” for H-1B filing purposes.

According to the AAO in its Matter of Simeio Solutions, LLC decision, H-1B Petitioners must file a new or amended H-1B petition along with a new certified LCA reflecting the change in work location.

This will be particularly cumbersome for the IT industry, where H-1B Beneficiaries routinely change work locations as per the industry's business model.

During this conference call, we will discuss the implications of this policy change on the IT industry and answer any questions you may have about going forward with your H-1B workforce.

 

About our Speakers:

Rebecca Chen is a Partner with Reddy & Neumann, P.C. She has worked with the firm in our non-immigrant visa department since 2009 and has responded to more than 1500 Request for further Evidence (RFE) prior to joining our firm; Rebecca interned with USCIS’ Legal Department and served as a Staff Attorney at the University of Houston Immigration Clinic. In 2011, Rebecca visited the Chennai U.S. Consulate General Mathew Caffey to discuss consular processing issues.  Rebecca is fluent in Mandarin Chinese.

Sophia Asare is an Associate with Reddy & Neumann, P.C. She has worked with the firm in our non-immigrant visa department since 2011. Sophia routinely works on H-1B petitions and has responded to more than 1000 Request for further Evidence (RFE) on H-1B, USCIS compliance review matters and Requests for Evidence.

Please feel free to extend this invitation to non – ITServe member companies and encourage them to be a part of our efforts.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

On April 9, 2015, the Administrative Appeals Office (AAO) issued definitive guidance on whether a move in work locations constitutes a “material change in the terms and conditions of employment” for H-1B filing purposes.  Before this decision, H-1B Petitioners have relied on policy guidance that could be interpreted as not to require an amended H-1B petition whenever H-1B Beneficiaries moved work locations.

Not anymore.

According to the AAO in its Matter of Simeio Solutions, LLC decision, “[a] change in the place of employment of a beneficiary to a geographical area requiring a corresponding LCA be certified … with respect to that beneficiary … is therefore a material change … When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.”

Now, whenever an H-1B Beneficiary moves to another geographic work location, the H-1B Petitioner must file a new or amended H-1B petition along with a new certified LCA reflecting the change in work location.

This will be particularly cumbersome for the IT industry, where H-1B Beneficiaries routinely change work locations as per the industry's business model.

We will keep you posted on this on April 15th , 2015.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April.

Premium Processing for Cap-Subject Petitions

H-1B petitioners may still continue to request premium processing together with their H-1B petition. However, please note that USCIS has temporarily adjusted its current premium processing practice based on historic premium processing receipt levels and the possibility that the H-1B cap will be met in the first five business days of the filing season. In order to prioritize data entry for cap subject H-1B petitions, USCIS will begin premium processing for H-1B cap-subject petitions requesting premium processing no later than May 11, 2015.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.